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Risks following a product recall, part 2: 
criminal offences 
for the company 
and directors
 | Shook, Hardy & Bacon

In addition to civil product liability claims, a company and its directors could also face criminal charges following the recall of an unsafe product. In part 2 of this two-part series considering post-recall risks, Alison Newstead, partner with Shook Hardy & Bacon International, outlines the potential offences and penalties under the General Product Safety Regulations …

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criminal offences 
for the company 
and directors
”

Targeted financial sanctions: what if 
the target is wrong? | Kingsley Napley LLP

Sanctions have been an important mechanism in the efforts – by the UN, EU and individual states – to promote international peace and security. Since the early 1990s, and following the experience of implementation of comprehensive sanctions against Iraq, increasing use has been made of so-called targeted sanctions – measures taken against named individuals or …

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the target is wrong?”

Scottish taxes: while attention is focused on the forthcoming independence referendum significant changes have already taken place
 | Brodies

There has been much discussion about the Scottish independence referendum, due to be held in 2014, the relative merits of ‘Devo Max’ and ‘Devo Plus’, both of which would devolve greater powers to the Scottish Government, and the implications of a lower corporation tax rate north of the border, should the Scottish Government be given …

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”

Endeavours covenants | Edwards Wildman Palmer UK LLP

Many contract negotiations reach a crisis point at which one party requires a commitment to do something the other will not give. Endeavours covenants are frequently adopted as a compromise, being seen as representing something less than an absolute commitment but also imposing an obligation to try to achieve the stated outcome, the level of …

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Site closure and decommissioning of industrial plants | Burges Salmon

As the prolonged downturn in the Eurozone drags on, there continues to be a steady stream of site closures and rationalisation of manufacturing plants around the EU including in the UK. Many businesses are looking closely at their plants across the world for cost savings and some of those facilities will inevitably close. This article …

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The importance of assessing the potential regulatory risk arising from legal proceedings: lessons learned from the Anthony Verrier Decision Notice | Eversheds Sutherland

On 16 May 2012, the Financial Services Authority (FSA) announced that it had decided to ban Anthony Verrier, a senior executive at BGC Brokers LP (BGC), from performing a controlled function in the financial services industry. The FSA banned Mr Verrier because it believes that he is not a fit and proper person due to …

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The SFO: a new director, a new beginning? | WilmerHale

When David Green QC took over from Richard Alderman as director of the Serious Fraud Office (SFO) in April this year, he inherited an organisation in crisis. Still reeling from budget cuts and speculation over its future in 2011, the SFO was fast heading for an embarrassing defeat in one of its most highly publicised …

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For better or worse, until UKBA do us part? New immigration rules announced 9 July 2012 | Magrath Sheldrick LLP

As part of the government efforts to reduce net migration to sustainable levels, the UK Border Agency (UKBA) has announced significant changes to the Immigration Rules, which came into force from 9 July 2012. It is estimated that the new rules will prevent up to 18,500 people annually from coming to join family members in …

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Video conferencing in India | Amarchand Mangaldas

Indian courts in the last decade have been proactive in embracing advancement in technology. One such pioneering step is the use of video conferencing for recording of evidence.

Wrongful trading, the benchmark for directors’ duties: recent developments | Druces LLP

The wrongful trading provisions of the Insolvency Act 19861 were introduced following the recession of the early 1980s, having been previewed in the Cork Report. Although new to English law in 1986, the concept of wrongful trading has not resulted in a plethora of cases against directors reaching court. Nevertheless, it remains significantly important, especially …

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